What to Do If a Neighbour Disputes a Right of Way: Practical Steps and Legal Guidance
If your neighbour is blocking your right of way, start by confirming exactly what right you have from your title documents. Then record the obstruction, ask them calmly to stop, and follow up in writing. If that fails, mediation is usually the next step, and a court can order the obstruction removed where it substantially interferes with your use. Avoid removing the obstruction yourself unless you have taken advice, because that can leave you facing a claim.
A right of way is a type of easement, a legal right to cross someone else’s land to reach or use your own. When it is blocked, the sensible order is evidence first, conversation second and formal steps third. Going straight to court is rarely the best opening move.
Can a neighbour legally block a right of way?
No, not if you have a legal right of way and the blockage substantially interferes with your use of it. A neighbour may be able to add a gate or make small changes to the route. They cannot make it materially harder to use than it was before. What counts as substantial depends on the wording of your right and the facts on the ground.
That second part matters. Not every obstruction is actionable. A bin left out for an afternoon is an irritation. A van parked across the route every evening, so that you cannot get your own car in, is a different matter.
Step one is to confirm the right you actually have
Before you complain, check what your documents say. Some rights are written into the deeds. Others arise from how land was divided years ago, or from long use.
How the right arose | Where to find evidence | Worth knowing |
Written grant in the deeds | Title deeds, transfer documents, title register | The wording sets who can use the route, when and for what |
Implied when land was sold off | Old conveyances and plans | Depends on the facts at the time of the sale |
Long use | Witness statements, dated photos, old records | Generally 20 years of continuous use without force, secrecy or permission |
Public right of way | Local council records | A different process, and the council is involved |
The title register for the neighbouring property can show rights of way recorded against it, and HM Land Registry lets you get a copy even if you do not own the land. An online title register costs £7. Check your own title as well as theirs.
Do not read a blank register as the end of the matter. Rights gained through long use or implication often are not entered on it, which is why unregistered rights of way cause so many disputes. If you are unsure how a right came about, our guide to how easements are legally established walks through the main routes.
What counts as a blocked right of way?
The courts ask whether you can still use the right substantially and practically as conveniently as before. If the answer is no, the interference is likely to be actionable.
Common examples include:
Parked vehicles across the route, especially where the right is meant to be available at all times
A new fence, wall or planter narrowing the way
A locked gate where you have no key or reasonable access
Building materials, skips or stored items left on the route
Changes to the surface that stop vehicles using it
Say you share a driveway and your neighbour starts leaving a trailer on the narrow section. If you can still squeeze past on foot but cannot drive through, the right has probably been interfered with. If you can still pass in your car with only a minor change to your manoeuvre, it is harder to argue.
Gates are a genuine grey area. A gate can be lawful, even a locked one in some situations, if it does not substantially interfere with the right and reasonable access is provided. The question is whether it makes the route materially less convenient than before.
What to do, step by step
Collect evidence. Take dated photos and videos, keep a log of each blockage, and save any messages with your neighbour.
Talk to them first. Many blockages come from a neighbour who does not know a right exists, so bring a copy of the relevant wording.
Write a clear letter. Quote the right you rely on, describe the obstruction and say what you want done and by when.
Send a formal letter before action if that fails. A solicitor can draft one so it leaves no doubt about your position and the next step.
Try mediation. Since October 2024, the Civil Procedure Rules have expressly allowed judges to order parties to engage in alternative dispute resolution. Refusing to engage without good reason can count against you on costs.
Go to court if you need to. You can ask for a declaration that the right exists, an injunction to remove the obstruction and damages.
Option | Best when | Watch out for |
Conversation | The neighbour may not know about the right | Nothing is recorded unless you follow up in writing |
Letter before action | Polite requests have been ignored | Needs accurate wording of your right |
Mediation | Both sides want to keep living next door | Needs both parties to take part properly |
Injunction | Access is seriously blocked | Discretionary, and not normally granted where damages would be enough |
Damages | You have lost money | Often modest compared with legal costs |
Our conveyancing solicitors see how these disputes can cost far more than the problem is worth, which is why it pays to get the evidence right before escalating. The role of a solicitor in property disputes is often to find a settlement before anyone issues a claim.
Should you remove the obstruction yourself?
Usually not. The law allows a limited right to remove a nuisance, often called abatement, but you must act reasonably, avoid unnecessary damage and normally give notice first unless the situation is urgent. Cutting a lock, moving a vehicle or stepping outside the route can create claims against you, so take advice before touching anything.
It is tempting when you are late for work and the route is blocked again. The risk is that you become the one being sued.
If your neighbour says you have no right
Sometimes the dispute is not about the blockage but about whether you have a right at all. If your claim rests on long use, you will need evidence of 20 years of use without force, secrecy or permission. Use by your predecessors can count, so statements from previous owners can fill gaps. A prominent sign, locked gate or other challenge during that period can undercut a claim because it suggests the use was not “as of right”.
Prescriptive easements over registered land can take effect without being registered, but they are still often worth protecting on the register where possible. The Land Registry’s practice guide on easements claimed by prescription explains the evidence it expects. Boundary line disputes often sit underneath these arguments, so it helps to check the physical route as well as the legal wording.
If you are the owner whose land is crossed
You may be on the other side of this. A right of way over your land does not stop you using it yourself, and you can often fit a gate or make other changes. What you cannot do is make the route materially harder to use. Parking across it is the usual cause of trouble.
If you think a right was never validly created, or has stopped being used, see our guide on whether you can remove or challenge an easement. A right of way can also change how a buyer sees the property, which is covered in how easements affect property value.
When this comes up in a sale or purchase
Right of way problems often surface during a transaction. Buyers should check the route before exchange, and our guide to checking rights of way before buying explains how. The title searches carried out in conveyancing are where many of these issues are first spotted, and legal advice when buying a property with a right of way covers what to ask the seller.
If you plan to build or extend, check whether the work would affect the route, since easements and rights of way can limit property development. A property survey can also help identify the physical route, boundaries and any obvious obstruction before you commit.
Frequently asked questions
Can my neighbour put a gate across my right of way?
Sometimes. A gate is not automatically unlawful, but it must not make the route materially less convenient than before. A locked gate where you have no key or practical access is far more likely to be a problem.
What can I do if my neighbour is blocking access to my property?
Check your right, record the blockage, ask your neighbour to stop and put it in writing. Try mediation next. Court action for an injunction, a declaration and damages is available if the interference is substantial.
Can I park on a right of way?
That depends on the wording of the right and the extent of the obstruction. Parking that stops others using the route is likely to interfere with it, even if the vehicle is moved on request.
Can I gain a right of way by using a route for 20 years?
Potentially. You generally need 20 years of continuous use without force, secrecy or permission, and the right will be limited to the use that actually took place.
Get advice before the dispute escalates
A blocked right of way is easier to resolve early, when the evidence is fresh and neither side has dug in. Athi Law's conveyancing team can review your deeds, advise on your position and help you decide whether to negotiate, mediate or take formal steps.
We also help where property questions overlap with other matters, including wills and probate if you have inherited a property with a disputed route, family law where shared access is part of a separation, and immigration advice for clients relocating to buy a home in the UK. Visit Athi Law or contact us to talk through your situation.
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